Filing A Wrongful Death Claim In Georgia


A 35-year-old male suddenly died during a marathon. The man was an All-American runner who trained every day for the four marathons he participated in every year. A couple months preceding his death, the man sought treatment from his primary care doctor for severe chest pain and constantly feeling “run-down.” The doctor instructed him to hydrate and sleep more. A few days later, the man went to the ER because the headache remained and he felt short of breath, despite following the orders of the primary care doctor. Again, the man was told to sleep more, hydrate and take an aspirin every morning.

After returning home, the man decided to take a nap, and never woke up. The man’s family was devastated and frustrated — the death was likely preventable. To obtain assistance through this emotional time, the family should consult a highly skilled wrongful death attorney.

Understanding the wrongful death claim process

When negligent acts of another party wrongfully cause death, families or next of kin may assert a wrongful death action. The deceased’s surviving family, including spouses, children, parents of the decedent or the administrator of the decedent’s estate may be directly compensated for the resulting losses due to the decedent’s death. Under Georgia’s Wrongful Death Act O.C.G.A. §51-4-1 through §51-4-5, individuals cited above may recover the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent, had the decedent survived, which may include:

  • Monetary earnings or enjoyment of life 
  • Expenses from the last illness or related to the personal injury
  • Funeral expenses
  • Pain and suffering experienced by the decedent prior to passing

The statute of limitations to file a wrongful death action varies based on the facts giving rise to the injury, the type of personal injury claim and the age of the plaintiff. A loss, especially when a healthcare professional could have rendered help prior to the fatal event, is a tragic event. The experienced team at Nicholson Phillips protects families’ interests during this emotional time.
Acquire comprehensive strategies from Georgia wrongful death lawyers

By retaining the Nicholson Phillips, clients acquire sympathetic and effective representation. The firm represents families seeking to file a wrongful death claim in Marietta and the surrounding areas.